Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
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Results: 4 Answers
Patents
9.
Remedies
9.1
Are injunctions available?
 
Denmark
Yes. Both preliminary injunctions and permanent injunctions are available. Preliminary injunctions are available both before and during the main proceedings.

For more information about this answer please contact: Morten Bruus from Accura Advokatpartnerselskab
9.2
What is the standard to obtain an injunction?
 
Denmark
To obtain a preliminary injunction, the patent holder must prove or render probable the following:

  • It has a valid patent which is being infringed,
  • The infringer’s behaviour has made a preliminary injunction necessary – to this end, the patent holder must provide details of specific circumstances that prove or render it probable that an infringement either has taken place or is imminent; and
  • The possibility to enforce the patent will be lost if the patent holder has to wait for the court’s decision in ordinary court proceedings.

To obtain a preliminary injunction, the patent holder must also generally provide security (typically a bank guarantee) to cover damages that the alleged infringer might suffer if the preliminary injunction is later found to have been erroneously granted. However, the court will not demand security if the patent holder has in fact proved (and not just rendered probable) the lawfulness of the preliminary injunction.

A preliminary injunction will not be granted if the court considers this would be a disproportionate legal remedy. This rule is rarely applied, and the preparatory works to the Danish Administration of Justice Act further stipulate that this rule must not be applied unless there is a significant discrepancy between the patent holder’s interest in a preliminary injunction and the possible harmful consequences for the defendant.

As for permanent injunctions, there are no specific rules for specific subject matter or claimants.

For more information about this answer please contact: Morten Bruus from Accura Advokatpartnerselskab
9.3
Are damages available?
 
Denmark
Yes, damages are available.

For more information about this answer please contact: Morten Bruus from Accura Advokatpartnerselskab
9.4
What types of damages are available?
 
Denmark
In case of a finding of intentional or negligent infringement, damages are available to the patent holder. The patent holder is entitled to reasonable compensation for exploitation of the invention and damages for any further injury which the infringement has caused. Additional compensation may be awarded to the patent holder for non-financial injury.

For more information about this answer please contact: Morten Bruus from Accura Advokatpartnerselskab
9.5
What is the standard to obtain certain types of injunctions?
 
Denmark
See question 9.2.

For more information about this answer please contact: Morten Bruus from Accura Advokatpartnerselskab
9.6
Is it possible to increase or multiply damages due to a party’s actions?
 
Denmark
No.

For more information about this answer please contact: Morten Bruus from Accura Advokatpartnerselskab
9.7
Are sanctions available?
 
Denmark
Yes.

For more information about this answer please contact: Morten Bruus from Accura Advokatpartnerselskab
9.8
What kinds of sanctions are available?
 
Denmark
To prevent further infringement, the court may order that infringing products be withdrawn or removed from the market, destroyed, surrendered to the patent holder or altered in a specified manner. In addition, the court may order that its decision be published in full or in part.

For more information about this answer please contact: Morten Bruus from Accura Advokatpartnerselskab
9.9
Can a party obtain attorneys’ fees?
 
Denmark
Yes, a party can obtain attorneys’ fees and court fees.

For more information about this answer please contact: Morten Bruus from Accura Advokatpartnerselskab
9.10
What is the standard to obtain attorneys’ fees?
 
Denmark
As a general rule, the losing party must reimburse the winning party for attorneys’ fees and court fees. However, the amount of attorneys’ fees awarded is at the court’s sole discretion. These discretionary amounts are generally significantly lower than the actual legal fees of the winning party.

Other justifiable costs, such as the costs of court-appointed experts, expert opinions and witness compensation, may be fully reimbursed by the losing party.

For more information about this answer please contact: Morten Bruus from Accura Advokatpartnerselskab